In a significant decision by the Rajasthan High Court, a widow—Smt. Kisturi Devi—was granted relief under the Old Pension Scheme (OPS) after she was wrongly denied benefits due to departmental negligence.
Facts of the case are that one Smt. Kisturi Devi, a widow, resident of District Churu, Rajasthan had submitted her Option Form under the Old Pension Scheme along with the requisite documents and prescribed fee, in accordance with the Scheme and Guidelines issued by the Department. However, the department issued a demand notice to an incorrect address—mentioned JAIPUR instead of her actual residence in CHURU, resulting in non-receipt of the notice and missed deadline to deposit the demand money. This error was admitted on the part of the department, but they still refused to provide her another opportunity to deposit the required amount and denied the benefits of Old Pension Scheme.
The Hon’ble Court, after hearing both parties and examining the record, held that the Petitioner could not be penalized for the administrative lapse. The Court directed the respondent department to grant her Family Pension under Old Pesnion Scheme within four weeks.
This judgment not only brings timely relief to the Petitioner but also highlights the importance of accountability in pension administration and reaffirms the judiciary’s commitment to protecting the rights of dependents of government employees.
This case may serve as a precedent for other similarly affected individuals.
